Proposed board action
Proposed board action
Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar publishes this notice of intent to consider the following items at its March 27 Board of Governors meeting in St. Petersburg. This is governed by Rule 1-12.1, Rules Regulating The Florida Bar. If approved by the board, amendments to the Rules Regulating The Florida Bar must still be formally filed with the Supreme Court of Florida, with further notice and opportunity to be heard, before they are officially approved and become effective. Amendments to Standing Board Policies and section bylaws are final on Board of Governors action. Additionally, nonsubstantive edits to conform to the Supreme Court style guide are not always noted in the summary. To receive a full copy of the text of any of these proposed amendments, email [email protected] or call Janellen Green at (850) 561-5751. Reference any requested proposal by its title or item number and date of this publication.
RULES REGULATING THE FLORIDA BAR
FINAL ACTION ITEMS
Chapter 2 Bylaws of the Florida Bar
RULE 2-9.8 LAW OFFICE MANAGEMENT ASSISTANCE SERVICE
Changes the name of law office management assistance service to practice resource institute.
Chapter 4 Rules of Professional Conduct
RULE 4-5.8 PROCEDURES FOR LAWYERS LEAVING LAW FIRMS AND DISSOLUTION OF LAW FIRMS
Within the comment, changes the name of law office management assistance service to practice resource institute.
Rule 4-8.3 Reporting Professional Misconduct
Changes the name of law office management assistance service to practice resource institute and the functions of the practice resource institute to reflect current practice.
Standing Board Policies
SBP 5.10 Standing Committees
Replaces the list of standing committees with a statement that the bar will maintain a list of current standing committees and will post the list on the bar’s website.
Bylaws
Bylaws- Workers’ Compensation Section
Adds “honorary” members in Article II, Section 1. Within article II, section 1, adds new subdivision (c) to permit active judges of compensations claims to become honorary members of the section without payment of dues.
Bylaws – Government Lawyer Section
The Government Lawyer Section bylaws were amended throughout for clarity and consistency with current practice.
Within Article l, Section 2, the purposes of the Government Lawyer Section are clarified. Under subsection (b), the Government Lawyer Section is to provide a forum for discussion, exchange of ideas, research and leadership, and to make recommendations in not only those areas of particular interest to government lawyers, but also as to matters affecting government lawyers. Subsection (f) is changed to clarify that the Government Lawyer Section assists The Florida Bar with regard to educational programs that relate to the interests of government lawyers. In subsection (h), the purpose of supporting Government Lawyer Section members for appointment to Bar committees has been added. Subsection (k) concerning advising and making recommendations to the executive, legislative and judicial branches in matters affecting government lawyers has been deleted as duplicative.
Within Article II, Section 4, the limit on the number of affiliates has been changed from one-half to one-third of the Section membership. The last sentence of the first paragraph has been removed as unnecessary. Within subdivision (a), adds that affiliate members may also include local, state and federal agency personnel, educational personnel, law enforcement personnel, members of administrative boards, persons doing business with local, state and federal agencies, members of the legislature and legislative staff, authorized house counsel, and judicial assistants. The last sentence of subsection (b) has been removed as duplicative.
Within Article III, Section 2(d), the duties of the Secretary are clarified and conformed to current practice of taking of minutes and responsiblity for retaining the minutes in the permanent records of the Section is changed to the Section’s Administrator.
Within Article V, Section 1, what constitutes a quorum and those eligible to vote at the annual meeting of the Government Lawyer Section is clarified. At the annual meeting the members of the Section, rather than executive council members, who are in attendance constitute a quorum.
Within Article V, Section 2, the quorum for the meetings of the executive council is set forth as ten members. The provision for conducting business through the written approval of a majority of the entire executive council has been removed as the subject is now covered in Section 5 of Article V. The time for the calling of meetings is reduced from 15 to 10 days.
Within Article V, Section 3, a quorum for a special meeting of the section is established as the members attending that meeting, which is consistent with the quorum requirements for the annual meeting.
Within Article V, Section 4, the use of video or other similar electronic communication equipment is added to the provisions concerning telephone conferences of the executive council. What constitutes a quorum is clarified and is the same as that for an in-person meeting.
Article V, Section 5, is added. It provides that notices as well as voting by the executive council may be accomplished through electronic mail. Such voting (with a two-day notice) may be used only to expedite a decision required to meet a deadline that occurs before the next scheduled executive council meeting. The quorum requirement is the same as that for an in-person meeting.
Within Article VI, Section 1(d), the procedures concerning The Florida Bar Claude Pepper Award are clarified, and the committee is renamed the Claude Pepper Award Nominations Committee. Subsections (e), (h), (i) and (j) have been added, establishing the Awards and Recognition Committee, the Technology Committee, the Certification Committee, and the Young Government Lawyers Committee.
Article VII is eliminated.
Article VII (formerly Article VIII), Section 6, has been added to provide a formal process for the nomination of a Government Lawyer Section member for The Florida Bar President’s consideration for appointment as a government lawyer liaison to The Florida Bar Board of Governors.
FIRST READING ITEMS
Chapter 3 Rules of Discipline
RULE 3-7.15 AMENDMENTS
The rule is amended to comply with the Court’s style guidelines. There are no substantive changes to the rule.
RULE 3-7.16 LIMITATION ON TIME TO BRING COMPLAINT
The rule is amended to comply with the Court’s style guidelines. There are no substantive changes to the rule.
RULE 3-7.17 VEXATIOUS CONDUCT AND LIMITATION ON FILINGS
The rule is amended to comply with the Court’s style guidelines. There are no substantive changes to the rule.
Chapter 4 Rules of Professional Conduct
Rule 4-1.5 Fees and Costs for Legal Services
W ithin subdivision (f)(4)(B)(ii), changes “division” to “approval.”Chapter 5 Rules Regulating Trust Accounts
RULE 5-1.1(g)(4) TRUST ACCOUNTS
Amends subpart (g)(4) of Rule 5-1.1 to reflect the change in address of the Florida Bar Foundation. The newly proposed rule refers bar members to the Bar’s website for the current Florida Bar Foundation address.
